The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1887-11-04
CITY OF KENOSHA VERSUS JULIUS
III. KIMBALL.

Mr.. Julius III. Kimball was arrested
last Thursday by Chief of Police Hoye,
on q complaint charging him with dig
ging ditch on Wisconsin street, there
by violating section 3 of ordinance of
the Revised Charter and Ordinances of
the City of Kenosha.
Section 8 is as follows mo person
shall dig any hole, drain or ditch, in any
street or alley in this city, without first
having obtained consent Of the Mayor,
Marshal or an Alderman of the city,
under penalty of IS for each such Of
tense, and like penalty for each day
any such hole, drain or ditch shall re-
main untitled 4; and in default of the
payment of any such penalty, shall be
imprisoned in the county Jail five days"
The casesawas called before Justice
Slater Paddock & Van Wyck represent
ing the city, and Cavanagh & Quarles as
attorneys for defendant. The Mayor
and all the Aldermen of the city were
called to the witness stand to prove to
his honor that they had never given Mr..
Kimball any authority to dig the ditch
in question. Thirteen witnesses were
called in behalf of the city, after which
the defendant moved for non.suit:
LIST. Because section of the Revised
Charter is unreasonable and in contra.
vention of common right, and therefore
unconstitutional.
I'd. That section 329S of the laws of
Wisconsin has limited the right of action
to the executive officers of the city, to
prevent underlings and irresponsible
parties from forcing undesirable and
harrassing litigation upon municipal
corporations. That section 1898 is di-
rectory, and that the plaintiff -city-had
failed to prove by its Aldermen and
Mayor that there had sever been any
direction or order given by them to
bring the action.
Sd. That there was nothing to show
that the copy of the plat of the city Of
Southport, presented as evidence by the
plaintiff city, was what it purported to
be, !. G., correct transcript of the orig.
inal, and that before it could be legally
given as evidence it should have annex.
ed to it certificate of the Register Of
Deeds.
The defendants motion for non-suii
was overruled end the trial went on
Eight witnesses were sworn on behalf o.
the defendant. Question after question
asked by the defendants attorneys was
objected to by the city counsel and OBJ
lection sustained. Exceptions were
taken, and it soon became evident tha
! the defendant, if beaten, would make
the contest long and bitter one by ar
appeal to higher court The case wal
taken under advisenent and on Monday
Justice Slater rendered q verdict ir
favor of the city, and defendant appeals
The reporter called on Mr.. Kimball a
his residence on Prairie avenue and
found that gentleman at home with
"blood in his eye." He says that al
this fuss and litigation can be placed a
the door of the street supervisor
and one of the Aldermen of the FRS
Ward. That he was arrested because
he had thrown few spadefuls of dir
out of the gutter on Wisconsin street
Mr.. Kimball claims that the gutter re
quired deepening that Wisconsin stree
on the south side of his building hat
not been properly drained, and for tina
reason the water has run into his celia
until it has threatened to undermine th,
foundation OF his building, and as {
matter Of self-protection he had enlarged
and deepened the gutter in question
and that some of the city authoritie
were prosecuting him for doing worl
that they should have had done them
selves. Mr.. Kimball says he has beer
q resident of Kenosha more than fift,